David E. Jones v. State

District Court of Appeal of Florida

David E. Jones v. State

188 So. 3d 911, 2016 Fla. App. LEXIS 6399, 2016 WL 1573891

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 2016

Docket5D15-1575

StatusPublished

This text of 188 So. 3d 911 (David E. Jones v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David E. Jones v. State, 188 So. 3d 911, 2016 Fla. App. LEXIS 6399, 2016 WL 1573891 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

David Jones appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial court’s order purports to rely upon portions of the record as the basis for denial, no parts of the record were attached to the order. *912 This defect requires reversal. See, e.g., Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993). As such, we reverse and remand with directions that the trial court either attach portions of the record that refute Jones’ claims, or hold an evidentiary-hearing. Id.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, C.J., SAWAYA and COHEN, JJ., concur.

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PER CURIAM.

David Jones appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial court’s order purports to rely upon portions of the record as the basis for denial, no parts of the record were attached to the order. *912 This defect requires reversal. See, e.g., Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993). As such, we reverse and remand with directions that the trial court either attach portions of the record that refute Jones’ claims, or hold an evidentiary-hearing. Id.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, C.J., SAWAYA and COHEN, JJ., concur.

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Bluebook (online)

188 So. 3d 911, 2016 Fla. App. LEXIS 6399, 2016 WL 1573891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-e-jones-v-state-fladistctapp-2016.

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